Sherif.M v. The Director/Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.08.2022
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.16035 of 2022 and W.M.P(MD)Nos.11589, 11592 & 13287 of 2022 M.Sherif ... Petitioner Vs 1.The Director / Commissioner, Department of Geology and Mining, Thiruvika Industrial Estate, Guindy, Chennai - 32.
2.The Joint Director of Geology and Mining, Tirunelveli.
3.The District Collector, Tirunelveli.
4.The Sub Collector, Cheranmahadevi Taluk, Tirunelveli District.
5.The Assistant Director of Geology and Mining, Collectorate Building, Tirunelveli, Tirunelveli District.
... Respondents 1/4
Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records pertaining to order passed by the fourth respondent in Na.Ka.No. 5351/2022/Aa4 dated 09.07.2022 and quash the same and conduct reinspection in presence of the petitioner at the quarry located at S.F.No.127/2 and 124/1A Pappakudi Part 1 Village, Cheranmahadevi Taluk, Tirunelveli District.
For Petitioner : Mr.Mohamed Mohideen for Mr.K.M.Riyaz Ahamed For Respondents : Mr.P.Thilakkumar Government Pleader
ORDER
The writ petitioner challenges the impugned show cause notice. Vide order dated 11.08.2022 in WP(MD)Nos.17906 of 2022etc., batch I had set aside identically worded show cause notices on the ground that they were vitiated by the vice of pre-determination. The case on hand is squarely covered by the said order. Hence, the impugned show cause notice is also quashed.
2. The writ petition is allowed. The matter is remitted to the file of the fourth respondent to proceed afresh in accordance with law. Consequently, connected miscellaneous petitions are closed. No costs. 18.08.2022 Index : Yes / No Internet : Yes/ No mga 2/4
To 1.The Director / Commissioner, Department of Geology and Mining, Thiruvika Industrial Estate, Guindy, Chennai - 32.
2.The Joint Director of Geology and Mining, Tirunelveli.
3.The District Collector, Tirunelveli.
4.The Sub Collector, Cheranmahadevi Taluk, Tirunelveli District.
5.The Assistant Director of Geology and Mining, Collectorate Building, Tirunelveli, Tirunelveli District.
3/4
G.R.SWAMINATHAN, J.
mga W.P.(MD)No.16035 of 2022 18.08.2022 4/4